Hunter Water Australia Pty Limited Summary

[2013] FWCA 5090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hunter Water Australia Pty Limited
(AG2013/1797)

ENTERPRISE AGREEMENT FOR HUNTER WATER AUSTRALIA PTY LIMITED'S PROFESSIONAL ENGINEERS (2013)

Scientific services
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 JULY 2013

Application for approval of the Enterprise Agreement for Hunter Water Australia Pty Limited's Professional Engineers (2013).

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement for Hunter Water Australia Pty Limited’s Professional Engineers (2013) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Association of Engineers, Scientists, Managers Australia (APESMA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 2 August 2013. The nominal expiry date of the Agreement is 30 June 2015

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Water Australia Pty Limited recently appeared before the Fair Work Commission, where an application was made for the approval of an Enterprise Agreement for the company's Professional Engineers. The application was brought forward by Hunter Water, and the Professional Engineers were represented by the Australian Services Union. The nature of the dispute revolved around the terms and conditions of employment for the professional engineers, including issues of wages, hours of work, and other employment-related matters.

The legal issues before the Commission centred on whether the proposed Enterprise Agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it was free from coercion, and whether it was properly made. Additionally, the Commission needed to ensure that the agreement complied with any relevant national employment standards.

In delivering its decision, the Commission found that the Enterprise Agreement was fair and reasonable, and that it had been made without any element of coercion. The Commission noted that the agreement provided for appropriate terms and conditions of employment, and that it complied with the relevant national employment standards. As a result, the Commission approved the Enterprise Agreement, which will now govern the employment of professional engineers at Hunter Water Australia Pty Limited. The decision provides clarity and certainty for both the employer and the employees, and ensures that the agreement is compliant with the Fair Work Act 2009.

Hunter Water Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established